News Flash

On Monday, January 8^th, 2024, our Board of Supervisors will consider a Settlement Agreement for litigation between Worthington Partners II and the Township, in relation to the development at Gray Farm. This consideration will take place during the regular Board of Supervisors meeting.

We wanted to share the key points of the agreement ahead of Monday’s meeting – to allow time to notify the public of this consideration.

Key points: 

• The primary reason for denial of the Preliminary Plan for the Worthington Partners II - Gray Farm Development was the failure of Worthington to remediate the site prior to Preliminary Plan approval. The Board of Supervisors denied the request to waive this requirement.
  
  Worthington has now agreed that it will not obtain Preliminary or Final Land Development Approval unless and until the Pennsylvania Department of Environmental Protection has issued approval of a Final Plan, evidencing that the property has been remediated.

• Unless and until the Pennsylvania Department of Environmental Protection has issued approval of a Preliminary/Final Plan, Worthington will not engage in any construction of the Development at the Property, including, without limitation, installing any underground or above-ground utilities (except as part of the sediment control facilities necessary for the Cleanup Plan), or constructing buildings or structures, including but not limited to permanent roads or blacktop.

• To implement the Cleanup Plan, upon obtaining necessary permits, Worthington may undertake earth disturbance, demolition of the structures at the Property and/or removal and grading activities consistent with the Cleanup Plan and the NPDES Permit.
  
  Note: These are activities that Worthington is permitted to do under the Township Code without land development approval.

• The Township has received a Preliminary/Final Plan from Worthington that meets Township ordinances and consultant comments.

• If the Settlement Agreement is approved by the Board of Supervisors, then following approval by Pennsylvania Department of Environmental Protection (DEP) of a Final Plan, the Board of Supervisors will take action to approve the Preliminary/Final Development Plan for the project.

• The Board of Supervisors need not approve the Preliminary/Final Development Plan for the project if DEP fails to approve the Final Report pertaining to soils within three (3) years of the Settlement Agreement, unless an extension is approved by the Board of Supervisors.

How do I attend the meeting? 

This consideration is taking place during our regular Board of Supervisors meeting and will be available to view on Zoom. As usual, there will be opportunity for public comment for those attending in-person. However, we can’t take public comment virtually at this time.

When: Monday, 8^th January at 7:00pm

Where: Township Building, 715 N. Ship Road, Exton PA 19341

The meeting will also be available to view on Zoom – link available in meeting agenda.